Alector, Inc. et al v. Prevail Therapeutics Inc.
| Alector, Inc. and Alector LLC |
| Prevail Therapeutics Inc. |
| 1:2019mc00300 |
| November 12, 2019 |
| US District Court for the District of Delaware |
| Leonard P Stark |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 29 REDACTED VERSION of #22 Reply Brief, by Prevail Therapeutics Inc.. (Bayliss, A.) |
| Filing 28 REDACTED VERSION of #20 Declaration, by Alector LLC, Alector, Inc.. (Attachments: #1 Exhibit 13-20)(Wilson, Samantha) |
| Filing 27 REDACTED VERSION of #19 Reply to Response to Motion by Alector LLC, Alector, Inc.. (Wilson, Samantha) |
| Filing 26 REDACTED VERSION of #16 Declaration,, by Prevail Therapeutics Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bayliss, A.) |
| Filing 25 REDACTED VERSION of #15 Answering Brief in Opposition, by Prevail Therapeutics Inc.. (Bayliss, A.) |
Filing 24
ORAL ORDER: Having reviewed Alector's Petition to Compel Compliance with Arbitrator's Subpoena (D.I. 2), and Prevail's Motion to Quash (D.I. 17), as well as all associated briefing and submissions (see, e.g., D.I. 15, 16, 19, 20, 22, 23), IT IS HEREBY ORDERED that Alector's Petition (D.I. 2) is GRANTED, pursuant to 9 U.S.C. 7 and Prevail's Motion (D.I. 17) is DENIED. The Arbitrator's Subpoena is enforceable and consistent with Third Circuit precedent, see Hay Grp., Inc. v. E.B.S. Acquisition Corp., 360 F.3d 404, 407 (3d Cir. 2004), as it requires that a non-party witness "bring" documents with her in connection with providing testimony at a pre-arbitration hearing. Given the overall circumstances, including the serving of an earlier subpoena and the course of communications between Alector and Prevail, the Court is not persuaded it should quash the subpoena as unreasonable, unduly burdensome, or somehow an improper end-run around the Federal Arbitration Act. IT IS FURTHER ORDERED that: (i) Alector, Prevail, and Dr. Abeliovich SHALL work with the Arbitrator to schedule a new hearing date, which shall also be the date for compliance with the subpoena; (ii) all specific objections by Prevail to particular document requests SHALL be resolved by the Arbitrator, who is far more familiar with the dispute, particularly as it appears that Prevail's objections are intertwined with discovery issues already pending before the Arbitrator (i.e., Dr. Abeliovich's obligation to produce certain Prevail-related documents); and (iii) the unopposed motion to file under seal (D.I. 1) is GRANTED. ORDERED by Judge Leonard P. Stark on 12/2/19. (ntl)
|
| CASE CLOSED (ntl) |
|
SO ORDERED, re #21 MOTION for Pro Hac Vice Appearance of Attorney Richard D. Batchelder, Jr. filed by Prevail Therapeutics Inc. Signed by Judge Leonard P. Stark on 12/2/19. (ntl)
|
| Filing 23 REQUEST for Oral Argument by Prevail Therapeutics Inc. re #2 MOTION to Compel, #17 MOTION to Quash /Prevail Therapeutics, Inc.'s Motion to Quash. (Bayliss, A.) |
| Filing 22 [SEALED] REPLY BRIEF re #17 MOTION to Quash /Prevail Therapeutics, Inc.'s Motion to Quash /[SEALED] Prevail Therapeutics, Inc.'s Reply Memorandum in Further Support of its Motion to Quash filed by Prevail Therapeutics Inc.. (Attachments: #1 Certificate of Service)(Bayliss, A.) |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Richard D. Batchelder, Jr. - filed by Prevail Therapeutics Inc.. (Attachments: #1 Certification of Richard D. Batchelder, Jr., #2 Text of Proposed Order)(Bayliss, A.) |
| Filing 20 [SEALED] DECLARATION re #19 Reply to Response to Motion [DECLARATION OF JAYSON L. COHEN IN FURTHER SUPPORT OF ALECTOR, INC. AND ALECTOR LLC'S PETITION TO COMPEL COMPLIANCE WITH ARBITRATOR'S SUBPOENA AND IN OPPOSITION TO PREVAIL THERAPEUTICS INC.'S MOTION TO QUASH] by Alector LLC, Alector, Inc.. (Gaza, Anne) |
| Filing 19 [SEALED] REPLY to Response to Motion re #2 MOTION to Compel, #17 MOTION to Quash /Prevail Therapeutics, Inc.'s Motion to Quash filed by Alector LLC, Alector, Inc.. (Gaza, Anne) |
| Pro Hac Vice Attorney Jayson L. Cohen for Alector LLC and Alector, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
|
SO ORDERED, re #18 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs filed by Alector LLC, Alector, Inc. Signed by Judge Leonard P. Stark on 11/25/19. (ntl)
|
| Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs - filed by Alector LLC, Alector, Inc.. (Wilson, Samantha) |
| Pro Hac Vice Attorney Bryan Wilson for Alector LLC and Alector, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Filing 17 MOTION to Quash /Prevail Therapeutics, Inc.'s Motion to Quash - filed by Prevail Therapeutics Inc.. (Attachments: #1 Text of Proposed Order)(Bayliss, A.) |
| Filing 16 [SEALED] DECLARATION re #15 Answering Brief in Opposition, /[SEALED] Declaration of A. Thompson Bayliss, Esq. in Support of Prevail Therapeutics, Inc.'s Memorandum of Law in Opposition to Alector, Inc. and Alector LLC's Petition to Compel Compliance with Arbitrator's Subpoena and in Support of its Motion to Quash by Prevail Therapeutics Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)(Bayliss, A.) |
| Filing 15 [SEALED] ANSWERING BRIEF in Opposition re #2 MOTION to Compel /[SEALED] Prevail Therapeutics, Inc.'s Memorandum of Law in Opposition to Alector, Inc. and Alector LLC's Petition to Compel Compliance with Arbitrator's Subpoena and in Support of its Motion to Quash filed by Prevail Therapeutics Inc..Reply Brief due date per Local Rules is 12/2/2019. (Attachments: #1 Certificate of Service)(Bayliss, A.) |
| Filing 14 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Prevail Therapeutics Inc.. (Bayliss, A.) |
|
SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Bryan Wilson and Jayson L. Cohen filed by Alector LLC, Alector, Inc. Signed by Judge Leonard P. Stark on 11/21/19. (ntl)
|
| Filing 13 AFFIDAVIT of Service for Summons served on Counsel for Prevail Therapeutics Inc. on November 13, 2019, filed by Alector LLC, Alector, Inc.. (Wilson, Samantha) |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Filing 12 REDACTED VERSION of #4 Declaration, by Alector LLC, Alector, Inc.. (Gaza, Anne) |
| Filing 11 REDACTED VERSION of #3 MOTION Expedite Response and Proceedings Related to The Petition to Compel re #2 MOTION to Compel by Alector LLC, Alector, Inc.. (Gaza, Anne) |
| Filing 10 REDACTED VERSION of #2 MOTION to Compel by Alector LLC, Alector, Inc.. (Gaza, Anne) |
|
Filing 9
ORAL ORDER: Having reviewed Alector's Motion to Expedite Response and Proceedings Related to the Petition to Compel (D.I. 3), IT IS HEREBY ORDERED that the Motion to Expedite is GRANTED. By no later than November 21, 2019, Prevail shall file with the Court any response and request for affirmative relief related to Alector's Petition to Compel Compliance with Arbitrator's Subpoena ("Petition") (D.I. 2). By no later than November 25, 2019, Alector may file a reply in support of its Petition and any response to Prevail's request for affirmative relief. If Prevail files a request for affirmative relief, it may file a reply in support of its filing by November 26, 2019. Ordered by Judge Leonard P. Stark on 11/14/2019. (etg)
|
| Filing 8 Letter to The Honorable Leonard P. Stark from A. Thompson Bayliss, Esq. regarding Motion to Expedite Response and Proceedings Related to the Petition to Compel - re #3 MOTION Expedite Response and Proceedings Related to The Petition to Compel re #2 MOTION to Compel. (Bayliss, A.) |
| Filing 7 NOTICE of Appearance by A. Thompson Bayliss on behalf of Prevail Therapeutics Inc. (Bayliss, A.) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Bryan Wilson and Jayson L. Cohen - filed by Alector LLC, Alector, Inc. (rwc) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Alector, Inc. for Alector LLC filed by Alector LLC. (rwc) |
| Filing 4 [SEALED] DECLARATION of Jayson L. Cohen in support re #2 PETITION to Compel by Alector LLC, Alector, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(rwc) |
| Filing 3 [SEALED] MOTION to Expedite Response and Proceedings Related to The Petition to Compel re #2 MOTION to Compel - filed by Alector LLC, Alector, Inc. (rwc) |
| Filing 2 [SEALED] PETITION to Compel Compliance with Arbitrator's Subpoena - filed by Alector LLC, Alector, Inc. (rwc) |
| Filing 1 UNOPPOSED MOTION for Leave to File Under Seal Petition to Compel Compliance with Arbitrator's Subpoena - filed by Alector LLC, Alector, Inc. (Attachments: #1 Exhibit 1, #2 Cover Letter, #3 Civil Cover Sheet)(rwc) .(Miscellaneous Filing Fee $47.00 Paid. Receipt No.: 32645). |
| Summons Issued with Magistrate Consent Notice attached as to Prevail Therapeutics Inc. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (rwc) |
| Remark : Exit copies to Duty Judge (LPS). (rwc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Delaware District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
